Jitendra Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32324 of 2018 Arising Out of PS.Case No. -395 Year- 2017 Thana -BIHIYA District- BHOJPUR ====================================================== Jitendra Tiwari S/o Kamal Prasad Tiwari, R/o Vill.- Jamuan, P.S.- Bihiya, District- Bhojpur.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. S.N.P. Sinha, Sr.Advocate with Mr. Mukul Prasad, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP For the Informant : Mr. Anant Kumar Pandey with Mr. Ashok Kumar Singh, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Bihiya P.S.Case No. 395 of 2017 registered for the offences punishable under Sections 147, 148, 323, 324, 325, 307, 379, 446, 504 and 302 of the Indian Penal Code.

Allegation against the petitioner is of assault by knife on the head of father of the informant.

Submission of learned counsel for the petitioner is that though there was allegation of assault by knife but injury was found to be caused by hard and blunt substance which shows falsity of the prosecution case.

Heard learned APP and learned counsel for the

Patna High Court Cr.Misc. No.32324 of 2018 (3) dt.07-08-2018 2/2 informant, who has opposed the prayer for anticipatory bail stating that injury was found on the scalp and petitioner has assaulted by knife on scalp.

Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U